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(영문) 부산지방법원 2014.09.04 2014고정2499
사기
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around June 2, 2012, the Defendant: “Around June 2, 2012, the Seo-gu, Seo-gu, Busan, would guarantee the victim B the benefit of 7% per month if he/she provided a culture in the front-North Korea, while investing KRW 15 million in the front-North Korea.”

However, the defendant had the intent to use the money received from the victim for personal debt repayment, living expenses, etc., and there was no intention to use the money in the whole culture business.

Therefore, the Defendant received KRW 5 million in total from the victim on the 4th day of the same month via the Agricultural Cooperative Account (Account Number: C) in the name of the Defendant, and KRW 15 million in the name of the Busan Bank Account (Account Number: E) in the amount of KRW 10 million.

2. On June 11, 2012, the Defendant sent a phone call to the victim B at an unsound place, and called “to give anti-de profits if he/she invests KRW 5 million in the funeral room.”

However, the defendant was intended to use the money received from the victim for personal debt repayment, living expenses, etc., and there was no intention to use it for funeral services in each room.

Therefore, the Defendant received KRW 5 million from the victim’s financial account (Account Number C) in the name of the Defendant on the same day.

3. On July 2012, 2012, the Defendant stated that “The Defendant would return money, such as the money invested earlier, to the victim B, by walking a phone to the victim B.”

However, the defendant had the intent to use the money received from the victim for personal debt repayment, living expenses, etc., and there was no intention to use the money in the whole culture business.

Therefore, around July 2, 2012, the Defendant received KRW 3.8 million in total from the victim’s account in the name of the Defendant (Account Number C) and KRW 2.2 million in total from the agricultural bank account in the name of the Defendant and KRW 2.2 million in the name of the Defendant.

4. The Defendant’s clothes around July 23, 2012 to the victim B at the Busan Jung-gu G store and the victim B.

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